National Preventive Mechanism PLACEMENT IN SOLITARY CONFINEMENT CELL During the conducted monitoring the Special Preventive Group of Public Defender’s Office paid special attention to the situation in solitary confinement cells of the establishments, spoke with all convicts placed there at the time of the monitoring period, examined procedures of their placement there through both interviewing them and studying documentation. No solitary cells exist in penitentiary establishments N1, N11 and N18. Duration of punishment for similar violations is defined differently in different penitentiary establishments. The above approach can only be assessed positively only if individual approach is exercised and characteristics of a convict as well as circumstances in which he committed these violations are taken into consideration. As a result of the monitoring it was revealed that often disciplinary violations follow the demand for a doctor expressed by convict – a convict is compelled to make noise and bang on the cell door, otherwise, in the words of prisoners, they are not in position to see the doctor. The above is relevant to penitentiary establishments in Kutaisi N2 and in Rustavi N6. It shall be noted that during the reporting period placement in the solitary cells were rarely used in Zugdidi N4, Batumi N3 and N12 and Rustavi N17 establishments. According to the second paragraph of the Article 88 of the Imprisonment Code, “An accused/convict, placed in the solitary confinement cell shall be deprived of the right to visits, telephone conversations, purchase of food.”. CPT recommends that the Georgian authorities take steps to ensure that the placement of prisoners in disciplinary cells does not include a total prohibition on family contacts.[29] Any restrictions on family contacts as a form of punishment should be used only where the offence relates to such contacts”.15 We believe that the right of an inmate to have contacts with the outside world shall be considered as their right and deprivation of such contact shall not be used as a form of punishment. Also, through increase of forms of encouragement and objective use of punishment mechanism it is possible to maintain stability of a prison, while unjust and illegal treatment of inmates may lead to confrontation between the majority of them and the administration or, in case of collective punishment, among prisoners that may result in grave and unacceptable consequences. Suggestion to the Georgian Parliament: To introduce relevant amendments in the Prison Code to ensure contact of persons placed in solitary confinement cells with the outside world. Recommendation to the Chairman of the Penitentiary Department: During the administrative control carried out by the Penitentiary Department to pay special attention to disclosure and elimination of methods of unofficial punishment and cases of collective punishment. REGISTRATION JOURNALS OF PERSONS PLACED IN SOLITARY CONFINEMENT CELLS Up to May 2012 old registration journals of persons placed in a solitary confinement cell were in place in all establishments. They were later replaced by new 365-page journal which weights 8 kilos. The journal, because of its volume is completely unsuitable for practical use, for example, it is hard (on the spot in establishments – even impossible) to make a copy of a note made there. The journal has 12 columns: 15 Same, par. 115 www.ombudsman.ge NPM Report

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